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"Effective October 1, 2010, the Virginia Assembly passed legislation requiring lenders to send borrowers a default letter before attempting to repossess their vehicles. The lender must send a written notice by first-class mail at least 10 days before repossession. The notice must state the amount of principal and interest due and owing, and alert the borrower of default and provide him with notice of the lender's ability to repossess the vehicle if the buyer does not pay the entire delinquency by a prescribed date."

Also says they must give 15 days written notice before it can go to auction. Sounds like someone it tossing a lot of scare tactics at you.

Keep receipts for all expenses incurred and make damn sure you get every cent back if this is truly the result of a bank error.

Thank you to you and Claddagh for the info.

Where I think I might be screwed is that this was a loan originated in MI and they still had our addy as MI in the "main" paperwork. So I'm not even sure if VA law will help us out here!

Good news is that without a car or a job, I've got nothing but time to deal to with this.

First I have to scrape together the money to get this stopped tomorrow. Then I'm going to pursue the other info/avenues because I think that based on the documentation I've got and the links you all posted, I might be able to recoup the additional expenses.

Also, the bank told me today that even if I DO prove to them that this is their error, the monies we post to "bail" our car out of jail will be applied to the principal balance and not be refunded. Which of course puts us in a crappo situation too.

This not working thing really sucks. got to remedy that and fast!

A good horseman doesn't have to tell anyone...the horse already knows.

So OP, you are saying that 2 payments for the vehicle were taken out of your bank account, but one or both were not credited to your car loan as a payment? And these were automatic transfers? Or were they ones where you each month go online and pay bills? I'm confused by you first saying 2 parents were made and then saying that one payment was delinquent. And were there previous late payments on this account?

So your bank statement should show that the money came out of your account on both monthly statements and was transferred to the bank for the car payment. That would mean you were not at fault and you could sue to recoup any out of pocket expenses to get your car back.

Are you sure that you had sufficient funds in the account for each of those months to cover the payments for the car? Sometimes people think a payment has been made when it wasn't automatically paid because there were insufficient funds in the account.
And you moved from MI to VA and notified both the bank and the post office last Fall that you had moved? That little form you fill out at the post office and a written notice to the bank should have sufficed to get your past due notice sent to you in VA.

And another question: In December some cothers advised you when you were having some monetary problems that you should get your name on the bank account that your husband has. So if the bank account is still only in his name, and the car is still only in his name, it is going to be very difficult for you to do anything by yourself. Please get your name on the loan for the car and on the bank account.

And in one way you are lucky: Leaving a wallet in a car, even if you live in a gated community, is an invitation to disaster. People break into cars all the time, and you are very lucky that you did not end up with everything in your wallet stolen.

I have access to the account now. And yes, I made the payments, and yes there were funds available. Lots of funds. And I have a confirmation number for the payment(s) I made.

We did the whole post office mail notification thing. DH first when he moved, then me a few months later. So that should've been handled.

And I know. Leaving my wallet there was stupid. I had intended to go out to the barn that day but the weather was wonky and I got into other projects. I was actually THANKFUL that it had been "repo'd" vs stolen due to that. At least I don't have to start over with my cards/license!

A good horseman doesn't have to tell anyone...the horse already knows.

just an idea, up here in CT, we have a local news station that covers this kind of thing. Is there any chance you have something like that down there??

Have a news crew go out to the repo company place and do a story that even tho it was an unauthorized repo, the repo company is still planning to flatbed your car to an auction. At the very least (hopefully) it will force the repo company to "work" with you, by holding your car a little longer, which will give you more time to work it out with the bank.

And, get that same news crew to contact the bank and say "we're following this story...." might get the bank to work a little quicker at resolving this.

I had an antiques business years ago which required a state sales tax number. A few years later, moved back overseas with hubby. Had local accountant take in our mail, and I made sure address changes made. Quarterly sales tax filing notices continued to be sent to me, to the new address, and since the business was down, of course my income and sales tax paid was 0, which I reported. Eventually, the notices stopped, so I assumed they no longer required them.

A couple of years ago, I went to get a car loan (TG at my local credit union) and they said a credit report stated I had a tax warrant on me! Now, I had been back home for years since. Looked into it - the state tax department had lost the address change, and had returned to sending notices to my original address - before the move overseas. Of course getting no response, they began to ding me, and eventually claimed I owed them over $4000 in sales tax. I never made over $4000 in sales in a year! I did get the state to rescind all the warrants, and void the action.

However, since then, while setting up my insurance business, I've had to complete more state applications. Two had the question: "Have you ever had a tax warrant?" Well, yes, I had - there had been a "warrant", and I couldn't lie on the app, even though the case was dismissed. But for each of those new licenses, which had to be applied for consecutively, it took an additional 3 months for each investigation to the "yes" response to that question. Overall, it has taken me almost 17 months to attempt to get my business off the ground.

Sometimes I wonder why I am going to attempt to go back in business for myself!

Add to the above, that I just spent last Thursday and Friday straightening out a credit matter with a large computer company, where they had erred, and I repeatedly asked for their documentation.

And the next day, I removed everything from a safe deposit box I never was billed for after the first year, even though a couple years in a row I would walk in, hand them my address, and ask that I be billed! I'd get the yearly customer "your rights" notices, but never a bill, and the local bank couldn't give me one, since it was "generated out of state". On Friday, thought it about time I try again. Well, not having received a payment (when they hadn't generated a bill!) they were about to drill the box. And, of course, had never sent me a notice! I live 10 minutes away, and grew up here, in a town of 2200, a few miles down the road. (Love how they always say they didn't know how to find me...) I just thought I'd better empty it before they took all the silver my Godmother had given me through the years, paid for the past year, and walked out of there...

I agree BuddyRoo, that the state banking departments are probably the best thing to shake at the bank, repo office, etc. Working for insurance companies, they hate the idea that you might file a complaint with the state insurance department.

I don't think mentioning the BBB makes a difference anymore. In my experience, they're only a marketing ploy - attempting to get fees from anyone who has a business.

My ex SO was a former collections attorney. When we'd be wrongly charged for something, he'd say just go ahead and pay it, rather than waste time fighting it. I hated that he had that attitude. And absolutely believe that the companies don't care, as they figure the public now won't waste their time trying to get things corrected. I'd guess those repo fees are just with that thought in mind.

Being right half the time beats being half-right all the time. Malcolm Forbes

Ugh, we bank with Fifth Third (there are several in NC) and they are atrocious. I know they settled a class action suit for 'manipulating' deposit and debit dates to put accounts in overdraft sp they could then hit them with overdraft fees. Got a small check for that..... But yeah, they have some bizarre policies and communication issues. Don't even get me started on what I had to go through to get an insurance claim settled through our mortgage-brokered homeowner's.

OK so you need to make copies of everything, document everything, and go to the bank tomorrow, uh,,does that bank have a branch within borrowed-car driving distance of you?

Present all the documents in person, look the bank official in the eye, making sure to get his name, and say, "I want the car back in my parking space within 24 hours or we sue you for actual and punitive damages." The banker will call his lawyer, and things will get straightened out. And tell the banker you want all your out of pocket expenses reimbursed. They can just put those funds right into your bank account.

Also, the bank told me today that even if I DO prove to them that this is their error, the monies we post to "bail" our car out of jail will be applied to the principal balance and not be refunded. Which of course puts us in a crappo situation too.
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Taking a point from my mom, about going to the bank/offending company in person, it's a great idea if you can. However, don't just threaten them with lawsuits, give a 24-hour deadline, and leave. Get there first thing in the morning. Tell them in a voice easily audible to all other customers in the vicinity that you are staying there to watch their progress. Continue asking for progress updates regularly, repeating a short summary of the situation ("have you found my car payments you lost yet?"), again always audibly so that other customers can hear. I'm definitely not saying yell and scream, but a frostily polite customer "camping" in their lobby with an "I shall not be moved until you get your act together" posture can have a real impact on other customers. The company will do everything they can to speed their response to you, because you are living negative advertising for them. It worked for Mom every time.

OK so you need to make copies of everything, document everything, and go to the bank tomorrow, uh,,does that bank have a branch within borrowed-car driving distance of you?

Present all the documents in person, look the bank official in the eye, making sure to get his name, and say, "I want the car back in my parking space within 24 hours or we sue you for actual and punitive damages." The banker will call his lawyer, and things will get straightened out. And tell the banker you want all your out of pocket expenses reimbursed. They can just put those funds right into your bank account.

Ha! A bank nearby! Surely you jest. The joys of moving. No. The closest is quite aways away and my neighbor (car loaner) has to work tomorrow. Plus, we have to go through different departments I guess. They tell me that there are many departments and to handle the car is one, to handle the dispute is another, and so on and so on. PLUS, since my name isn't on the loan (I'm authorized to discuss but not to alter) I'm not sure how far I can get anyway. Husband is getting home tonight though so I will mention this option to him. Based on the documentation I've got right now, it makes sense. But I'm afraid we're going to have to play the game and pay to play first. Recoup later.

A good horseman doesn't have to tell anyone...the horse already knows.

Also, the bank told me today that even if I DO prove to them that this is their error, the monies we post to "bail" our car out of jail will be applied to the principal balance and not be refunded. Which of course puts us in a crappo situation too.
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Can they show you in writing where that is the policy in your loan?

I don't know. I don't know where the original loan docs are. This vehicle was purchased solely by my now husband prior to us getting married. I've been through all the paperwork I could find, but I think I have to wait til he gets home to sort that out.

Even so, I'm not sure that being "right" will make it right. KWIM? The repo lot lady said the car could be loaded up and gone Wed. Not sold, but moved. And then we have to pay for that transport too.

I think I'm going to have to suck it up and call my Dad. Kills me. Haven't done that ever in my life. We have to have a car. I think that sorting the rest out is going to take more time.

A good horseman doesn't have to tell anyone...the horse already knows.

Anyway. I DID report it stolen. LOL That's when I found out the rest. Not much more to do there. I did ask if I should report the murder of my husband then or later as I was pretty sure I was going to kill him before I knew that actually, he HAD paid the bill and it wasn't on him. I of course had to offer the caveat to the dispatcher that he was safely out of the state and I was just kidding. Probably not a good "joke" to hand over to the cops, eh?

A good horseman doesn't have to tell anyone...the horse already knows.

According to records, there seem to be two local branches for 5/3 - one not far from where you live - that are not listed on the website but I can't really find much in the way of hard info. What I did find looks rather shady.

Thus do we growl that our big toes have, at this moment, been thrown up from below!

Nice! If it weren't for the fact that the towing company was actually giving me better info/help than the bank, I'd do this in a heartbeat. I will say...for the "security" payment I had to pay, I was interested to note that the car was unlocked and in an unsecured lot.

But I can tackle that later.

Thanks for the info.

A good horseman doesn't have to tell anyone...the horse already knows.

officially I was in HHC 160th Combat Aviation Group attached to the 1st Brigade HHC of the 101st .... the 160th has since become the Special Forces air wing... 160th Special Operations Aviation Group (Airborne) known as the “Night Stalkers”....it is still attached to the 101st

Well Clanter, I have to thank you for your service. I'm pretty sure I don't know anyone you'd know these days.

But thank you.

My brother and SIL are both in the Army as is my "other brother" who received the Medal of Honor a few years ago. We are a military family and are very very thankful for anyone who chooses to serve. So...as an aside from this topic, thank you for your service.

A good horseman doesn't have to tell anyone...the horse already knows.

We are a military family and are very very thankful for anyone who chooses to serve. .

I was invited to serve LOL.... but aced the fixed wing flight test... all three versions... the testers thought had a cheat sheet, so they kept giving another version ... the last one only took 19 minutes to take rather than the one hour allowed LOL